This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Intellectual Property
Copyright Infringement
Streaming Licensed DVDs

Association for Information Media and Equipment, Ambrose Video Publishing Inc. v. The Regents of the University of California, et al.

Published: Dec. 29, 2012 | Result Date: Nov. 20, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 10-cv-09378 CBM (MANx) Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Allison L. Rapp

James Michael Mulcahy
(Mulcahy LLP)

Kevin A. Adams
(Mortenson Taggart Adams LLP)

Arnold P. Lutzker


Defendant

Michael S. Kwun
(Kwun Bhansali Lazarus LLP)

Charles F. Robinson
(University of California Office of the General Counsel)

Eric Behrens

Robert A. Van Nest Jr.
(Keker, Van Nest & Peters LLP)

Andrew F. Dawson

Karen Petrulakis

R. James Slaughter


Facts

The University of California, Los Angeles (UCLA) was sued by the Association for Information Media and Equipment (AIME) for streaming properly licensed DVDs to students. UCLA claimed it was "fair use." AIME, on the other hand, claimed that the parties' contract meant that UCLA had given up its fair use rights and that even if it constituted fair use, it was a breach of contract. The judge dismissed the lawsuit with leave to amend, prompting AIME to file an amended complaint, which restated all of its previous claims and a few more.

Result

Once again, the judge dismissed AIME's claim, and this time with prejudice.


#121718

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390